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Patna High Court - Orders

Md. Serajuddin @ Seraj Qumar & Anr. vs State Of Bihar & Anr on 6 October, 2017

Author: Rajendra Kumar Mishra

Bench: Rajendra Kumar Mishra

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.2321 of 2014
                     Arising Out of PS.Case No. -254 Year- 2009 Thana -PATNA COMPLAINT CASE District-
                                                             PATNA
                  ======================================================
                  1. Md. Serajuddin @ Seraj Qumar, S/O Md. Sharfuddin @ Sarfu Qumar
                     Resident of Village Amhara, P.S. Mohanpur, P.O. Gaya In The District
                     of Gaya At Present Resident of Mohalla 66/C, First Mani Road, Karian
                     Pallia, Ling Raj Puram Saint Thomas Town, P.S. Frazer Town
                     Banglore, Karnatka.
                  2. Maijun Nisa, W/O Serajuddin @ Seraj Qumar Resident of Village
                     Amhara, P.S. Mohanpur, P.O. Gaya In The District Of Gaya At Present
                     Resident Of Mohalla 66/C, First Mani Road, Karian Pallia, Ling Raj
                     Puram Saint Thomas Town, P.S. Frazer Town Banglore, Karnatka.

                                                                                 .... ....   Petitioners
                                                        Versus
                  1. The State of Bihar.
                  2. Nazni Khatoon, D/O Md. Shamim Resident Of Mohalla Lodi Kapra,
                     P.S. Khajakala In The District of Patna.
                                                                  .... .... Opposite Parties
                  ======================================================
                  Appearance :
                  For the Petitioner/s     : Mr. Braj Nandan Kumar Tiwary, Advocate
                  For the Opposite Party/s: Mr. Dashrath Mehta, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                  MISHRA
                  ORAL ORDER

11   06-10-2017

Heard.

This application has been filed under Section 482 of Cr.P.C. to quash the order dated 22.09.2010 passed in Complaint Case No. 254 of 2009, whereunder the Court of S.D.J.M. Patna City, Patna, on inquiry under Section 204 Cr.P.C., summoned the accused petitioners and one Miraj Kamar for the offence under Sections 498(A) of Indian Penal Code and Section 4 of the Dowry Prohibition Act.

On going through the impugned order, I do not find any illegality amounting to abuse of process of Court for interference in extraordinary jurisdiction under Section 482 Cr.P.C. Accordingly, this Patna High Court Cr.Misc. No.2321 of 2014 (11) dt.06-10-2017 2/2 application is dismissed. However, the petitioner would be at liberty to raise his defence in the trial court at appropriate stage.

(Rajendra Kumar Mishra, J) manish/-

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